Chapter 12.02 PUBLIC RIGHT-OF-WAY

Chapter 12.02
PUBLIC RIGHT-OF-WAY

Sections:

12.02.010 Control of public right-of-way.

A. The city has jurisdiction and exercises regulatory control over each public right-of-way whether the city has a fee, easement, or other legal interest in the right-of-way.

B. The city has jurisdiction and regulatory control over each right-of-way whether the legal interest in the right-of-way was obtained by grant, dedication, prescription, reservation, condemnation, annexation, foreclosure, or other means.

C. Except when authorization is granted as provided in this municipal code, no person or entity may occupy or encroach on a public right-of-way without the permission of the city. The city grants permission to use public rights-of-way, by franchises, licenses, concessions and permits.

D. Fees and charges for franchises, licenses, concessions and permits, including application and ongoing usage fees, shall be established by council resolution based on actual cost, or, when applicable, set by federal authority, or, when applicable, as negotiated and set forth in applicable license or franchise agreements. (Ord. 2021-03 § 1)

12.02.020 Specific prohibitions.

A. Fireworks and Explosives. No person shall ignite or use any type of firework, sparkler, snake, model rocket, rocket motor, other form of explosive, or smoke-producing device or instrument, on any street or right-of-way located in the city. “Firework” has the meaning as set forth in ORS 480.111(7) and includes any type of firework, including but not limited to consumer and exempt fireworks. Notwithstanding Chapter 1.16 LCMC, the minimum fine for a fireworks offense under this section shall be $250.00. (Ord. 2022-20 § 3)